State agrees to N$150 000 settlement in hospital negligence case
Rita KakeloWindhoek
The health ministry has agreed to pay N$150 000 to a woman who initially sued government for N$1.2 million over alleged medical negligence, after staff at Otjiwarongo State Hospital allegedly left her in labour for three days before she gave birth to a premature baby girl in January 2023.
The newborn later died.
According to court documents filed in the Windhoek High Court, the woman claimed that despite reporting to the hospital on 29 January 2023 with severe labour pains, nurses failed to provide adequate medical assistance.
She eventually gave birth on 31 January 2023, but her baby was born prematurely and showed weak vital signs at birth, court documents note.
Professional
In response, the ministry’s responding papers stated that the newborn’s Apgar score – a quick test used to assess a baby’s breathing, heart rate and overall health immediately after birth – was low.
However, medical staff reportedly acted swiftly, and the baby’s condition temporarily improved before deteriorating again while in an incubator. The baby later died despite efforts to resuscitate her.
Beyond these points, the ministry did not agree with the full extent of the woman’s claims regarding alleged negligence during labour and the handling of the newborn, setting the stage for court mediation talks and settlement discussions.
“The plaintiff was monitored at a regular interval of plus/minus two hours from the time plaintiff was admitted on 30 January 2023 until delivery of the baby on 31 January 2023. The hospital employees conducted their duties professionally as reasonably expected from any reasonable medical practitioner and without any negligence in any of the ways alleged herein,” the ministry replied in court documents.
Successful mediation
A mediator’s report submitted to the High Court confirms that the ministry has agreed to pay N$150 000 in full settlement by 30 December.
In addition to the compensation, the ministry undertook to provide state medical and counselling services to the woman if required in future.
The matter was briefly in court on Wednesday before High Court judge Dinnah Usiku, who postponed it to 26 November for a status hearing, after the parties failed to submit a joint report confirming that the written settlement agreement had been finalised.
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The health ministry has agreed to pay N$150 000 to a woman who initially sued government for N$1.2 million over alleged medical negligence, after staff at Otjiwarongo State Hospital allegedly left her in labour for three days before she gave birth to a premature baby girl in January 2023.
The newborn later died.
According to court documents filed in the Windhoek High Court, the woman claimed that despite reporting to the hospital on 29 January 2023 with severe labour pains, nurses failed to provide adequate medical assistance.
She eventually gave birth on 31 January 2023, but her baby was born prematurely and showed weak vital signs at birth, court documents note.
Professional
In response, the ministry’s responding papers stated that the newborn’s Apgar score – a quick test used to assess a baby’s breathing, heart rate and overall health immediately after birth – was low.
However, medical staff reportedly acted swiftly, and the baby’s condition temporarily improved before deteriorating again while in an incubator. The baby later died despite efforts to resuscitate her.
Beyond these points, the ministry did not agree with the full extent of the woman’s claims regarding alleged negligence during labour and the handling of the newborn, setting the stage for court mediation talks and settlement discussions.
“The plaintiff was monitored at a regular interval of plus/minus two hours from the time plaintiff was admitted on 30 January 2023 until delivery of the baby on 31 January 2023. The hospital employees conducted their duties professionally as reasonably expected from any reasonable medical practitioner and without any negligence in any of the ways alleged herein,” the ministry replied in court documents.
Successful mediation
A mediator’s report submitted to the High Court confirms that the ministry has agreed to pay N$150 000 in full settlement by 30 December.
In addition to the compensation, the ministry undertook to provide state medical and counselling services to the woman if required in future.
The matter was briefly in court on Wednesday before High Court judge Dinnah Usiku, who postponed it to 26 November for a status hearing, after the parties failed to submit a joint report confirming that the written settlement agreement had been finalised.
[email protected]
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